Letter - Education and Home Affairs Panel to CAG re Police Governance - 28 February 2019

Deputy Rob Ward

Chairman

Education and Home Affairs Scrutiny Panel States Greffe

Morier House

St Helier

Jersey

JE1 1DD

(via email to: r.ward2@gov.je)

28 February 2019

Dear Deputy Ward

Governance of the States of Jersey Police Thank you for your letter of 22 February 2019.

You draw attention to recommendation R6 in my March 2018 report on the Governance of the States of Jersey Police.

My report was concerned with overall governance of the States of Jersey Police and, in particular, securing the operational independence of the Chief of Police while at the same time ensuring accountability. I welcomed the establishment of a Police Authority but identified scope to develop arrangements to enhance operational independence and accountability further. I also highlighted the scope to extend the remit of the Police Authority to other services where operational independence is important.

My recommendation R6 should be seen in this context and in the context of the analysis in the report, particularly that at:

• paragraph 2.9 that highlights:

• the absence of a statutory basis or documented framework for line management of the Chief of Police by the Chief Executive; and
• that comparable line management arrangements are not in place in either Scotland or Ireland, jurisdictions against which we compared the arrangements in Jersey; and

• paragraphs 2.4 to 2.8 that highlights:

• the limited resources available to the Police Authority; and

JERSEY AUDIT OFFICE, DE CARTERET HOUSE, 7 CASTLE STREET, ST HELIER, JERSEY JE2 3BT

• statutory responsibilities for the Police Authority that are in my view inappropriately wide. I contrasted those with the duties in Scotland and Ireland where the focus is, appropriately, on oversight of the police service.

The executive response to my report accepted the recommendations and outlined a timetable for implementation by the end of 2019. I have recently had a very helpful discussion with the officer in Strategic Policy, Performance and Population, responsible for developing legislative proposals to implement the recommendations. However, actual implementation of recommendations has yet to start. The papers I have received to date relating to restructuring do not explain how my recommendations to enhance the operational independence of the Chief of Police and strengthen the role of the Police Authority will be implemented.

I am not aware of any factors that would lead me to believe that the recommendations made in my 2018 report were not still valid.

I hope that these observations are helpful. If you wish to follow up any aspect of this letter please do get in touch.

Yours sincerely

Karen McConnell

Comptroller and Auditor General

JERSEY AUDIT OFFICE, DE CARTERET HOUSE, 7 CASTLE STREET, ST HELIER, JERSEY JE2 3BT

Scrutiny Office: States Greffé

Karen McConnell

Comptroller and Auditor General Jersey Audit Office

De Carteret House

7 Castle Street St. Helier

JE2 3BT

22nd February 2019

Dear Comptroller and Auditor General,

Governance of the States of Jersey Police

I am writing to you in my capacity as Chairman of the Education and Home Affairs Scrutiny Panel in respect of your report on the Governance of the States of Jersey Police.

The Panel has recently been examining the proposed changes to the Target Operating Model (TOM) for the Department for Justice and Home Affairs. The Panel's understanding of the proposed TOM is that the roles of the Chief of Police and Head of Customs and Immigration will be combined, with the Group Director for Public Protection and Law Enforcement serving as line manager.

We note that recommendation six of your report states that the current arrangement whereby the Chief Executive of the States serves as line manager for the Chief of Police should be ended and the role of Jersey Police Authority should be enhanced. The Panel is concerned that the proposed arrangement under the TOM would significantly undermine the ability of the police to operate independently and I would therefore be grateful if you could confirm whether or not the changes being suggested are in keeping with your original recommendation.

We would be grateful of a written response in the first instance, however, if you would like to speak with the Panel further on this matter please get in touch with Andy Harris our Scrutiny Officer at a.harris5@gov.je and he shall make the necessary arrangements.

I look forward to hearing from you. Yours sincerely,

Deputy Rob Ward

Chairman

Education and Home Affairs Scrutiny Panel

Scrutiny Office | States Greffe | Morier House | St Helier | Jersey | JE1 1DD Tel: 01534